[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5601-5603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03096]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0675; FRL-9989-61-Region 6]


Air Plan Approval; Texas; Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is converting its 
September 22, 2017 conditional approval of revisions to the Texas State 
Implementation Plan (SIP), addressing Oxides of Nitrogen 
(NOX) Reasonably Available Control Technology (RACT) for the 
TXI Operations, LP (Texas Industries, Inc., TXI) cement manufacturing 
plant in Ellis County, to full approval. We are approving an August 21, 
2018 SIP submittal which satisfies Texas' commitment which was the 
basis for our conditional approval. We are taking this action in 
accordance with the Clean Air Act (CAA, the Act).

DATES: The final rule is effective on March 25, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0675. All documents in the docket are 
listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Planning Section (6MM-AA), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), telephone 
(214) 665-2164, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

I. Background
II. Final Actions
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in the 
November 14, 2018 (83 FR 56770) Proposal.\1\ The November 14, 2018 (83 
FR 56770) action proposed approval of TCEQ's August 21, 2018 submittal 
as a revision to Texas SIP addressing NOX RACT for the TXI 
cement manufacturing plant in Ellis County as a part of its Dallas Fort 
Worth (DFW) 2008 8-Hour Ozone National Ambient Air Quality Standards 
(NAAQS) SIP update. The August 21, 2018 SIP submittal contained both an 
Agreed Order (AO) concerning TXI and a SIP narrative update for DFW 
NOX RACT. The Technical Support Document (TSD) \2\ also 
provided a detailed description and rationale for the proposed action.
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    \1\ See the Proposal, document ID No. EPA-R06-OAR-2018-0675-0001 
at Regulations.gov.
    \2\ See the TSD, document ID No. EPA-R06-OAR-2018-0675-0002 at 
Regulations.gov.

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[[Page 5602]]

    The public comment period closed on December 14, 2018, and we 
received no adverse comments. We received two comments, including one 
from TCEQ, that were supportive of our action. We received one 
additional comment that was also generally supportive of our proposed 
action ``if chemical knowledge for community safety is taken into 
consideration.'' The commenter's discussion of chemical hazards, 
however, is outside the scope of our November 14, 2018 (83 FR 56770) 
Proposal taken under the CAA. We acknowledge that the Emergency 
Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to 
help communities plan for chemical emergencies and requires industry to 
report on the storage, use and releases of hazardous substances to 
federal, state, and local governments. EPCRA requires state and local 
governments, and Indian tribes to use this information to prepare their 
community from potential risks.

II. Final Actions

    We find that TCEQ's August 21, 2018 SIP submittal satisfies its 
obligation under the September 22, 2017 (82 FR 44320) conditional 
approval and are converting the September 22, 2017 (82 FR 44320) final 
rule to full approval. We are also approving the August 21, 2018 SIP 
submittal, including the AO as a source-specific NOX RACT 
revision to the SIP. Our approval will incorporate these changes into 
the SIP for Texas.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Texas source specific requirements as described in the 
Final Actions section above. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 6 Office (please contact Mr. Alan Shar, (214) 
665-2164, [email protected] for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. If a portion of the plan revision meets all the 
applicable requirements of this chapter and Federal regulations, the 
Administrator may approve the plan revision in part. 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices that meet the criteria of the Act, and to 
disapprove state choices that do not meet the criteria of the Act. 
Accordingly, this final action approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA;
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994); and
     Does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the state, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 23, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposed of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: February 14, 2019.
Anne Idsal,
Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (d), the table titled ``EPA-Approved Texas Source-
Specific Requirements'' is amended by adding an entry for ``TXI 
Operations LP (Texas Industries, Inc., TXI), Kiln #5, Ellis County, 
Texas'' at the end of the table.
0
b. In paragraph (e), the second table titled ``EPA Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas 
SIP'' is amended by:
0
i. Removing the entry ``Conditional approval of NOX RACT 
finding for the Martin Marietta (formerly Texas Industries, Inc., or 
TXI) cement manufacturing plant under the 2008 8-Hour ozone NAAQS'' and
0
ii. Adding an entry titled ``NOX RACT finding under the 2008 
8-Hour ozone NAAQS'' at the end of the table.

[[Page 5603]]

    The additions read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Texas Source-Specific Requirements
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                                                             State
          Name of source           Permit or order No.  effective date   EPA approval date         Comments
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                                                  * * * * * * *
TXI Operations LP (Texas           Agreed Order No.           08/21/18  02/22/19 [Insert     DFW 2008 8-Hour
 Industries, Inc., TXI), Kiln #5,   2017-1648-SIP.                       Federal Register     ozone standard.
 Ellis County, Texas.                                                    citation].
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    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                        Applicable           State
      Name of SIP provision         geographic or non-    submittal/     EPA approval date         Comments
                                     attainment area    effective date
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                                                  * * * * * * *
NOX RACT finding under the 2008 8- Collin, Dallas,           8/21/2018  02/22/19 [Insert     DFW as Moderate and
 Hour ozone NAAQS.                  Denton, Tarrant,                     Federal Register     Serious, also
                                    Ellis, Johnson,                      citation].           converts
                                    Kaufman, Parker,                                          conditional
                                    Rockwall, and Wise                                        approval 09/22/17,
                                    Counties, TX.                                             82 FR 44322 to
                                                                                              full approval.
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[FR Doc. 2019-03096 Filed 2-21-19; 8:45 am]
 BILLING CODE 6560-50-P